# Since I'm in a "challenging" mood - answer this ProbateGeek!



## Oldmso54 (Jul 31, 2010)

So if a woodchuck could chuck wood and he died 1/3 of the way through chucking said wood of natural causes and he had a wife and 2 siblings under 18 yoa - how much $$ would his wife and kids be entitled to - assuming he had a will - and how much SS could his wife and kids get & what kind of taxes would his family have to pay.

Answer correctly and you too will be the recipient of a bomb of sticks that I like and hope you like.

_And for those of your reading this post.... YES = it's been a long day and I'm slightly (emphasize SLIGHLTLY) inebriated!_


----------



## TonyBrooklyn (Jan 28, 2010)

:woohoo::woohoo::woohoo::woohoo::woohoo:


----------



## David_ESM (May 11, 2011)

This is a bomb squid tag for what could be a very entertaining thread...


----------



## Oldmso54 (Jul 31, 2010)

David_ESM said:


> This is a bomb squid tag for what could be a very entertaining thread...


David - since the lawyer isn't online maybe you could tell him via your guys "squid mobile" _(you all do have one right?)_ that hes ON CALL!


----------



## Vicini (Oct 10, 2010)

who the hell ever said the wood chuck got paid in the first place. and since when are animals allowed to marry


----------



## Oldmso54 (Jul 31, 2010)

Vicini said:


> who the hell ever said the wood chuck got paid in the first place. and since when are animals allowed to marry


damn Dennis - you gonna throw a "wood chuck" wrench into this before it even starts??? Havent you seen the commercial of the wood chucks throwing wood? Don't they look like husband and wife to YOU??? They do to me _(even through double vision)_


----------



## Oldmso54 (Jul 31, 2010)

So where the heck is my lawyer - ProbateGeek? I thought I had him on RETAINER? Guess you get what you pay for????


----------



## Who Killed Thursby? (Mar 31, 2011)

I wish I was this inspired when inebriated.


----------



## Oldmso54 (Jul 31, 2010)

Who Killed Thursby? said:


> I wish I was this inspired when inebriated.


do you need assistance with inspiration or inebriation?? Not that I can help with either but at this point I'm pretty much up for either. _(did that make sense?)_


----------



## UncleFester (Jan 5, 2011)

Oldmso54 said:


> So if a woodchuck could chuck wood and he died 1/3 of the way through chucking said wood of natural causes and he had a wife and 2 siblings under 18 yoa - how much $$ would his wife and kids be entitled to - assuming he had a will - and how much SS could his wife and kids get & what kind of taxes would his family have to pay.
> 
> Answer correctly and you too will be the recipient of a bomb of sticks that I like and hope you like.
> 
> _And for those of your reading this post.... YES = it's been a long day and I'm slightly (emphasize SLIGHLTLY) inebriated!_


Having just completed my first year of law school I'll take an under educated crack at this.
1. Through probate the estate would be divided into 1/3 for each. However, you do not indicate whether or not the family is listed as a beneficiary in the will. Whoever is listed in the will gets the loot.

2. Depending on the jurisdiction in which the beneficiaries reside, both estate and inheritance taxes may be levied. In general, tax rates range from a varying flat rate *plus* anywhere from an additional 0% - 45%.

3. As for SS benefits, Within a family, a child may receive up to one-half of the parent's full retirement or disability benefit, or 75 percent of the deceased parent's basic Social Security benefit. However, there is a limit to the amount of money that can be paid to a family. The family maximum payment is determined as part of every Social Security benefit computation and can be from 150 to 180 percent of the parent's full benefit amount. If the total amount payable to all family members exceeds this limit, each person's benefit is reduced proportionately (except the parent's) until the total equals the maximum allowable amount.

4. As a taxpayer, I say F' the woodchucks and would give them nothing... but I'm only one man against a capitalistic government with powerful collection mechanisms in place.


----------



## max gas (Apr 11, 2011)

I've thought about all the variables behind this situation and here is what i came up with:

Everyone knows that American's don't go into the woodchucking/lumber profession. This means that Mr. Woodchuck was probably and illegal from the great white north :canada:. He was working so hard waiting for his green card to be approved, but kicked the can before this happened. Because of his illegal status he was paid cash under the table. This eliminated any possible SS for the Mrs & kids. Because of his untimley death, and no income for the family, Mrs. Woodchuck was turned to a life of prostituting at the local watering hole. Because she was never home and Mr. has passed, the kids are forced into a life of raising themselves. with no parental supervision, daughter gets knocked up and ends up on MTV's 16 & pregnant. Son woodchuck ends up on the TV show Cops when he runs from them when they show up to bust his bath tub meth lab. So, the answer to your question is they get $0.00 and don't have to pay any taxes.


----------



## Josh Lucky 13 (Dec 23, 2010)

my ? is how much woodchuck could Shawn still chuck if he were chucking woodchuck

(this is a tricky one)


----------



## Oldmso54 (Jul 31, 2010)

UncleFester said:


> Having just completed my first year of law school I'll take an under educated crack at this.
> 1. Through probate the estate would be divided into 1/3 for each. However, you do not indicate whether or not the family is listed as a beneficiary in the will. Whoever is listed in the will gets the loot.
> 
> 2. Depending on the jurisdiction in which the beneficiaries reside, both estate and inheritance taxes may be levied. In general, tax rates range from a varying flat rate *plus* anywhere from an additional 0% - 45%.
> ...


Dayyauumm!! I may fire Terry and hire you!! Well I guess I should at least give him a chance to respond but you, my sir, may very well be in the running for Terry's _potential_ prize!!


----------



## UncleFester (Jan 5, 2011)

Oldmso54 said:


> Dayyauumm!! I may fire Terry and hire you!! Well I guess I should at least give him a chance to respond but you, my sir, may very well be in the running for Terry's _potential_ prize!!


I'm sketchy on probate law and don't have Wills and Trusts until next semester. I just have a basic knowledge from Property Law. He'll probably shred me... but, I took a shot at least.


----------



## Oldmso54 (Jul 31, 2010)

max gas said:


> I've thought about all the variables behind this situation and here is what i came up with:
> 
> Everyone knows that American's don't go into the woodchucking/lumber profession. This means that Mr. Woodchuck was probably and illegal from the great white north :canada:. He was working so hard waiting for his green card to be approved, but kicked the can before this happened. Because of his illegal status he was paid cash under the table. This eliminated any possible SS for the Mrs & kids. Because of his untimley death, and no income for the family, Mrs. Woodchuck was turned to a life of prostituting at the local watering hole. Because she was never home and Mr. has passed, the kids are forced into a life of raising themselves. with no parental supervision, daughter gets knocked up and ends up on MTV's 16 & pregnant. Son woodchuck ends up on the TV show Cops when he runs from them when they show up to bust his bath tub meth lab. So, the answer to your question is they get $0.00 and don't have to pay any taxes.


Shoot . Terry MAY NOT EVEN GET A CHANCE. and I may be sending more prizes than I bargained for!


----------



## gasdocok (May 14, 2011)

max gas said:


> I've thought about all the variables behind this situation and here is what i came up with:
> 
> Everyone knows that American's don't go into the woodchucking/lumber profession. This means that Mr. Woodchuck was probably and illegal from the great white north :canada:. He was working so hard waiting for his green card to be approved, but kicked the can before this happened. Because of his illegal status he was paid cash under the table. This eliminated any possible SS for the Mrs & kids. Because of his untimley death, and no income for the family, Mrs. Woodchuck was turned to a life of prostituting at the local watering hole. Because she was never home and Mr. has passed, the kids are forced into a life of raising themselves. with no parental supervision, daughter gets knocked up and ends up on MTV's 16 & pregnant. Son woodchuck ends up on the TV show Cops when he runs from them when they show up to bust his bath tub meth lab. So, the answer to your question is they get $0.00 and don't have to pay any taxes.


+1 for the awesome reply!


----------



## Oldmso54 (Jul 31, 2010)

Terry - I see you watching!!!


----------



## max gas (Apr 11, 2011)

gasdocok said:


> +1 for the awesome reply!


Thanks gents. I'm just surprised that no one came up with my response first. It's the only real answer


----------



## StogieNinja (Jul 29, 2009)

Answer: They'd end up with about $10, after Terry's done charging them his lawyerin' fees! :ss


----------



## max gas (Apr 11, 2011)

Oldmso54 said:


> Terry - I see you watching!!!


He must be typing a monster breakdown of your scenario


----------



## Oldmso54 (Jul 31, 2010)

max gas said:


> Thanks gents. I'm just surprised that no one came up with my response first. It's the only real answer


OH it's a GREAT answer but I think I owe it to the pro to weigh in first


----------



## max gas (Apr 11, 2011)

Oldmso54 said:


> OH it's a GREAT answer but I think I owe it to the pro to weigh in first


I'm not claiming victory or saying its over. Terry has the skills and talents to blow me out of the water. I'm on the edge of my seat to see what he comes up with. If it's anything like his other stuff, it will be good


----------



## Oldmso54 (Jul 31, 2010)

max gas said:


> I'm not claiming victory or saying its over. Terry has the skills and talents to blow me out of the water. I'm on the edge of my seat to see what he comes up with. If it's anything like his other stuff, it will be good


well he better hurry up or ill find me a new probate lawyer!!!!


----------



## ProbateGeek (Oct 13, 2010)

Aninjaforallseasons said:


> Answer: They'd end up with about $10, after Terry's done charging them his lawyerin' fees! :ss


I've been up a LOOONGGGGG time today, and I'm beat, but this may be the best answer so far.

:ss

Let me get through to the end of the thread...


----------



## Oldmso54 (Jul 31, 2010)

ProbateGeek said:


> I've been up a LOOONGGGGG time today, and I'm beat, but this may be the best answer so far.
> 
> :ss
> 
> Let me get through to the end of the thread...


OK. Been at my sons water polo tourney ALL day & I'm exhausted too. Plus it's midnight here so I'll check back tomorrow AM


----------



## ProbateGeek (Oct 13, 2010)

Oldmso54 said:


> So if a woodchuck could chuck wood and he died 1/3 of the way through chucking said wood of natural causes and he had a wife and 2 siblings under 18 yoa - how much $$ would his wife and kids be entitled to - assuming he had a will - and how much SS could his wife and kids get & what kind of taxes would his family have to pay.
> 
> Answer correctly and you too will be the recipient of a bomb of sticks that I like and hope you like.
> 
> _And for those of your reading this post.... YES = it's been a long day and I'm slightly (emphasize SLIGHLTLY) inebriated!_


First - man, I am too tired to think about this right now, but you guys deserve a little Saturday night (Sunday morning?) frivolity, so I'm glad you've gotten so many interesting responses.

I am too beat to try anything clever, so here are my scrambled and very unfunny thoughts on the matter (if you can call them that...).

Vicini started right - I've never seen a woodchuck actually chucking wood, or anything else. And if two men can "marry", then woodchucks can't be very far behind, but that is as political as we should be getting on this forum. Vicini deserves at least a stick for his response.

UncleFester gets an A+ for effort, and should get a fiver. There will be no shredding tonight, cause I am barely keeping my eyes open (if it were not for this fine cigar, I would be asleep right now). But the first question should have been which state's law are we to apply? Every state's probate code is the law unto itself, so the question really cannot be answered without more info. For example, out here there would be no 1/3 each - if the kids were of the marriage, wife would get all. If from a prior marriage, wife one get 1/2 and the kids would split the other half. But that would only be for assets NOT passing under the will. So UncleFester's right in that the second question would be what does the will say? The will controls, but only up to a point. The will could leave the entire estate to wife, to kids, to the girlfriend, to charity, to shuckins, whomever. But depending on the state, wife could have interests that she could enforce despite being cut out of the will (spousal election). Can the will be assumed valid, has it met all the statutory formalities in that state, was it the result of undue influence? Any will contests in the foreseeable future? And what are the potential claims of creditors, that come first before any specific or general bequests (after spousal and child support, and of course, attorney fees!). We cannot determine the estate/inheritance tax issues without knowing the size of the estate, in which states the property was located, the year of death of Mr. Chuck, and the types of elections the executor is allowed to make under the will or by state law. UncleFester's last response is public policy question, and I'd dock him a few points for throwing that in. Make it a solid A though - send him his fiver, and come see me after you pass the bar!

Max Gas should get at least a 3-pack for imagination and originality.

Derek's response may be the closest to reality. I've seen many estates pass entirely to creditors, sometimes the first of which were the attorneys handling the estate. The lowest attorney bill I've charged for a full probate estate was $1,300. Won't see that type again. Fees for the largest, most complex estate I've worked on were over $300,000. Would LOVE to see one of those again. :ss

If you had asked me this on another day it would have given rise to some fairly "confusing" and, might I say clever, responses. But I am just not up to anything creative this evening, despite the expectations (for which I'm flattered). Sorry for the buzzkill, Shawn, but you won't remember it in the morning anyway.

No charge on this one, my friend (I also have a lot of estates like that, too).

Now, where' my pillow...


----------



## Josh Lucky 13 (Dec 23, 2010)

Oldmso54 said:


> OK. Been at my sons water polo tourney ALL day & I'm exhausted too. Plus it's midnight here so I'll check back tomorrow AM


never understood water polo... how do you see the ball under water ... do horses get tired of swimming .... how can you swing that mallet and hit anything ??? too difficult if you ask me


----------



## StogieNinja (Jul 29, 2009)

ProbateGeek said:


> ...But the first question should have been which state's law are we to apply? Every state's probate code is the law unto itself, so the question really cannot be answered without more info. For example, out here there would be no 1/3 each - if the kids were of the marriage, wife would get all. If from a prior marriage, wife one get 1/2 and the kids would split the other half. But that would only be for assets NOT passing under the will. So UncleFester's right in that the second question would be what does the will say? The will controls, but only up to a point. The will could leave the entire estate to wife, to kids, to the girlfriend, to charity, to shuckins, whomever. But depending on the state, wife could have interests that she could enforce despite being cut out of the will (spousal election). Can the will be assumed valid, has it met all the statutory formalities in that state, was it the result of undue influence? Any will contests in the foreseeable future? And what are the potential claims of creditors, that come first before any specific or general bequests (after spousal and child support, and of course, attorney fees!). We cannot determine the estate/inheritance tax issues without knowing the size of the estate, in which states the property was located, the year of death of Mr. Chuck, and the types of elections the executor is allowed to make under the will or by state law.


:bored:


----------



## Oldmso54 (Jul 31, 2010)

Well I feel bad having kept Terry up past his bedtime but I give him credit for taking on the challenge!

I do feel like I've just been to a lawyer as he's trying to award a significant amount of my stash away to others.

And surprisingly - it's the morning AND I do remember this...

Since my challenge was only to Terry and he did take the time and effort to accept and deliver:

0310 3490 0001 8663 5298 on it's way Monday AM

I do appreciate all the other responses - at least *I* had a little fun with it!


----------



## NoShhhSherlock (Mar 30, 2011)

Nice Terry!


----------



## ProbateGeek (Oct 13, 2010)

Aninjaforallseasons said:


> :bored:


Hey, I warned you. I was totally beat last night, feeling about as clever as a cow staring at a new gate.

Happy father's day to you fathers.


----------



## ProbateGeek (Oct 13, 2010)

Shawn, of COURSE I was trying to give away your stash, hoping to discourage this type of thing in the future. Who wants to come home from work to talk about job-related stuff, anyway? As I said in my into in your little contest that got me involved in all this "puffery", I am a probate lawyer from 8 to 5 weekdays, and NOT a probate lawyer at all other times. If I was thinking clearly last night I would have told you to have another drink and go to bed. :biggrin: 

Unless, Shawn, you want us to start posting a few threads about local code violations, hmmmm??? :lol:

You are most kind to send a package my way. I may consider what fee sharing arrangements might be appropriate once it arrives.


----------



## Oldmso54 (Jul 31, 2010)

ProbateGeek said:


> Shawn, of COURSE I was trying to give away your stash, hoping to discourage this type of thing in the future. Who wants to come home from work to talk about job-related stuff, anyway? As I said in my into in your little contest that got me involved in all this "puffery", I am a probate lawyer from 8 to 5 weekdays, and NOT a probate lawyer at all other times. If I was thinking clearly last night I would have told you to have another drink and go to bed. :biggrin:
> 
> Unless, Shawn, you want us to start posting a few threads about local code violations, hmmmm??? :lol:
> 
> You are most kind to send a package my way. I may consider what fee sharing arrangements might be appropriate once it arrives.


Well thats what a lot of beer and boredom will do to one = pose silly questions at in appropriate times... hope the small package will lessen the inconvenience and I know what you mean about work vs home: I can't tell you how many parties I've been to where someone starts telling me about what the city did to them & how come they only picked on them and what about their neighbor, etc, etc, so no more lawyer questions from me!!


----------



## StogieNinja (Jul 29, 2009)

Haha. This thread is another classic example of just why I love this place. You guys crack me up!


----------

